Thursday, April 3, 2025

Dear ChatGPT: What is the "war on property tax"?

 The "war on property tax" refers to the various efforts, often by taxpayers or political groups, to challenge or reduce property taxes. These efforts can take many forms, including legal challenges, legislative changes, or political campaigns aimed at limiting or eliminating property taxes. The "war" typically arises due to concerns over how high property taxes can become and how they impact homeowners, businesses, and the economy.

Here are some of the key aspects of the "war on property tax":

1. Taxpayer Protests and Initiatives

  • Protests: Property owners, particularly those facing rising property values or high tax rates, may organize protests or petitions to demand lower taxes or reforms in the assessment process.

  • Ballot Initiatives: In some cases, citizens have launched ballot measures or referenda to limit property taxes. For example, Proposition 13 in California (passed in 1978) capped property tax rates and restricted how much property values could be reassessed, which has had a lasting impact on property tax laws.

2. Tax Revolts and Political Movements

  • In the 1970s and 1980s, a broader "tax revolt" movement grew in the U.S., with property tax as one of its primary targets. This movement was fueled by the perception that property taxes were increasing too quickly and becoming burdensome, especially in areas with rapidly rising real estate values.

  • The revolt led to significant tax reforms in several states, such as Proposition 13 in California, which significantly reduced property tax rates and changed how properties were assessed.

3. Legal Challenges

  • Property owners or advocacy groups may challenge property assessments or tax rates in court, arguing that the taxes are too high, unfair, or unconstitutional. These legal battles can sometimes lead to changes in how taxes are assessed or how tax rates are set.

4. Concerns Over Affordability

  • Rising property taxes are often seen as a major concern for homeowners, particularly senior citizens, low-income individuals, and those living in rapidly appreciating real estate markets. As property values increase, so too do property taxes, sometimes resulting in people being forced to sell their homes due to the inability to afford the rising tax bills.

  • This has led to calls for property tax reform, including tax freezes or exemptions for certain groups, like seniors or long-time residents.

5. Shifting the Tax Burden

  • Some critics of property taxes argue that they are inefficient or unfair because they are based on the value of the property rather than the income or ability to pay of the individual owner. These critics often advocate for replacing property taxes with other forms of taxation, such as higher income taxes or sales taxes, to shift the tax burden.

  • Others argue that property taxes are essential because they provide a stable revenue source for local governments and schools, ensuring that funding for public services is consistent.

6. Tax Caps and Limitations

  • Many states have enacted laws that limit how much property taxes can increase year-over-year, such as caps on the percentage increase in assessed property values or tax rates. These laws are designed to prevent sudden, large increases in tax burdens for homeowners.

In essence, the "war on property tax" reflects ongoing debates over the fairness, effectiveness, and impact of property taxation systems. Proponents of property tax cuts argue they reduce the burden on taxpayers, while opponents argue they are necessary to fund essential public services. The debate continues to shape tax policy at the local and state levels in many places.

Wednesday, April 2, 2025

Links: 4/2/25

- How couriers changed the playing field of the Texas Lottery.

- Texas Senate passes ban on lottery sales through courier services.

- Playing the Lottery Online at TheLotter Texas.

- A Texas school leader says material about diversity in state-approved textbooks violated the law.

- Lt. Gov. Dan Patrick says he’ll push for special session if THC ban, bail changes fail.

- Bill requiring voters to show proof of citizenship clears Texas Senate.

- HB 16: Relating to requiring a person to submit proof of citizenship to register to vote; creating criminal offenses.

- Texas electric grid’s loan fund for natural gas plants is failing, just as executives warned.

- Texas Senate panel approves $500 million infusion for film incentives.

- Texas Corn Producers.

From Gibson-Dunn: Texas Supreme Court Holds Parties May Seek Judicial Declaration That An Administrative Rule Does Not Apply To Them

Checks and Balances 

- Click here for it

Kensington Title-Nevada, LLC v. Tex. Dep’t of State Health Servs., No. 23-0644 – Decided March 28, 2025

On March 28, a unanimous Texas Supreme Court held that the Texas Administrative Procedure Act authorizes parties to challenge whether an agency rule applies to them.

The Texas Administrative Procedure Act “expressly allows parties who do not believe an administrative rule governs them to challenge its applicability in a judicial proceeding when that rule threatens to interfere with their rights.”

Chief Justice Blacklock, writing for the Court

Background:

A real estate company acquired property containing abandoned radioactive material. The company initially tried to clean up the material but stopped after municipal taxing entities obtained a lien on the material and threatened to sue the company for removing it. The Texas Department of State Health Services then began administrative proceedings against the company for possessing radioactive material without a license in violation of 25 Texas Administrative Code § 289.252(a)(2).

Faced with these conflicting government demands, the real estate company sought a declaration under Texas Government Code § 2001.038(a) that the Department’s licensing rule didn’t apply to it because it didn’t own or possess the abandoned radioactive material. In response, the Department filed a plea to the jurisdiction, arguing that the real estate company improperly challenged the application of the rule rather than its applicability. The trial court denied the plea, but the court of appeals reversed.

Issue:

Does Texas Government Code § 2001.038(a) authorize suits challenging whether parties are subject to an agency rule?

Court’s Holding:

Yes. The real estate company had constitutional standing to bring, and properly alleged, a rule-applicability challenge.

What It Means:

- The Court’s decision preserves a pathway for challenging the applicability of agency rules directly in court without exhausting administrative remedies.

- The Court held that parties have standing to request declaratory relief when an agency rule threatens to interfere with or impair their rights. Here, the Department sought to impose an administrative penalty against the real estate company for violating the licensing rule. And a declaration that the rule didn’t apply to the company would redress that financial threat.

- The Court rejected the Department’s proposed distinction between a rule’s applicability and its application. Instead, the Court explained that Section 2001.038(a) authorizes “suits seeking a declaration of whether a rule applies to the plaintiff” even if those suits would also “yield guidance on . . . the outcome of [the rule’s] application.” Op. at 12. The trial court had jurisdiction here because the real estate company was challenging whether the rule applied to it—that the answer to that inquiry might involve factual disputes in an ongoing agency proceeding was beside the point.

- Continuing to provide insight into the newly created Fifteenth Court of Appeals, the Court observed in a footnote that the Fifteenth Court would, in the future, hear these kinds of appeals under the Texas APA. It also underscored that the Fifteenth Court would “not [be] bound by precedent of the Third Court of Appeals.” Op. at 11 n.4.

§289.252. Licensing of Radioactive Material.
Kensington Title-Nevada v.Texas Department of State Health Services.

Dear ChatGPT: Is it legal in Texas to own radioactive material?

In Texas, the possession of radioactive material is regulated and not inherently illegal, but it is highly controlled. To legally possess, handle, or use radioactive materials, individuals or organizations must comply with both state and federal regulations. Here are some key points:

  1. Regulation by the Texas Department of State Health Services (DSHS): The DSHS oversees the use and possession of radioactive materials in Texas through its Bureau of Radiation Control. This includes ensuring that licenses are issued for the handling of certain radioactive materials, typically those used in medical, industrial, or research settings.

  2. Licensing: To legally own or possess radioactive materials, a person must obtain the appropriate license from the DSHS. The licensing process includes demonstrating the knowledge and ability to handle these materials safely and securely.

  3. Federal Regulation: In addition to state regulations, radioactive materials are also regulated at the federal level by the U.S. Nuclear Regulatory Commission (NRC) or the U.S. Department of Energy (DOE), depending on the type and quantity of the material. For certain uses, federal approval and oversight may be required.

  4. Types of Material: Some materials, such as those used for medical treatment (e.g., in cancer therapies), industrial applications (e.g., in radiography), or scientific research, are more commonly licensed. On the other hand, highly radioactive materials or those used in nuclear weapons are subject to much stricter control and likely cannot be possessed by individuals without significant oversight.

  5. Penalties for Illegal Possession: Possessing radioactive materials without the proper license or authorization can lead to severe penalties, including criminal charges, fines, and imprisonment.

If you're considering acquiring or handling radioactive material, it's important to consult with legal experts or the relevant regulatory bodies to ensure compliance with all applicable laws and safety standards.